Citation Name: 2025 YLR 938 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Ali Chandio vs Additional Sessions Judge-II, Mehar Ss — 2025 YLR 938 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 938 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 938 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Ali Chandio vs Additional Sessions Judge-II, Mehar Ss
Subject matter: Criminal
Provisions referred to: S. 265-K; S. 561-; Criminal Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Citation Name: 2025 YLR 938 KARACHI-HIGH-COURT-SINDHBookmark this Case Asghar Ali Chandio VS Additional Sessions Judge-II, Mehar Ss. 265-K, 435, 439 & 561-a---Provision(s) of S. 265-K, Cr.P.C---Scope---Extra-ordinary circumstances---application under S. 265-K of the Criminal Procedure Code, 1898, filed by the petitioner/accused was declined by the Trial Court; he assailed said dismissal order before the High Court---Record showed that Trial Court had already taken cognizance of the matter---Furthermore, as per progress report furnished by the Trial Court the "charge" in the case had also been framed on 28.11.2023 and the case was fixed for recording evidence, therefore, it would be appropriate that the case may proceed and evidence may be recorded---Criminal case should be allowed to be disposed of on merits after recording of prosecution evidence, whereas provisions of Ss.249-a, 265-K and 561-a, Cr.P.C., should not normally be pressed into action for deciding the fate of a criminal case---Case was pending in the Court of competent jurisdiction and it was for the Trial Court to decide the case after evaluating and appraising evidence and the prosecution should be given a chance to adduce its evidence---Frequent exercise of inherit jurisdiction contemplated under S.561-a, Cr.P.C., was deprecated by the Supreme Court---application, was dismissed accordingly.

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